High Court · 2025
Case Details
fetitiop under A(igle 216 of lhe Cqnstitutign of lndia prayhg that in the circumstances stated in the affidavli file( thereyvith, the High Court may be pleased to issue q Wri! of lr43ndalnus oi g-ny olfrer aPpropriate Writ, grder or flirectiorl declaring the action ef the 4th Rgsppndgnt in deleting thg name of the Petitioner fr96 the Revenue flecord !o an extent of land in Ac.{.!1 gtP out of Ac.6.35 gts a4d the remaining Ac.2 a4 gts in the name of the Petitioner and adding and mutating the name of the Sth Respondent to the extent qf land in Ac.4.31 gts in respect of {gricultural land in Sy.Nos. 242NlJ land to an extent of Ac. Q.10 gts Sy.No.242lEE to an extent of Ac.0.03 gts, in Sy.No.243lEE to an extent of Ac'1'Q1 gts, Sy,No.2{3/A to an extent of Ac Q 02 gts, Sy.No.244lA to an extent of Ac.2,09 gts, sy,No?44A,/U to an extent of Ac l.oo gts, sy.f"lo.227 to an extgnt of Ac'1'34 gts and Sy.No.562/RU to an extent of Ac.O.10 gts, total extent of land Ac.6'35 gts, situated at rhirmargiri Viilage and Mandar suryapet District, without rrotice, without following due process of raw from the Revenue Record of the petitioner is arbitrary, without authority, power, jurisdiction, iflegar and in vioration of provisions qf the Pattedar Pas.s Book Act and the Rules, Article .14, 300_4 of 0onstitution of lndia and PrinCiples of Natural Justice and Reported Decision in 2OO; (6) ALf 13; (FQ) cor-rsegygntty ip derete the rand to an extent of Ac.4.31 gts from the nama gf the Sth Respondent and to direct the 4th Respondent tq Restore fhe Land t9 qn extent of Ac.4.31 gts in the name of lhq petitigner in the Revenue Rggord hy is$Hq Pf New PatfBflar Pess Book and Title oeedlDnarani t;.r;,; ,;-;;;';;;; Petitiorlsr fgrtlw th in the interest gf justice IA NO: OF 25 -_Pp,,liuf ynder segtign 1!t qpC praying that in the circqms{anc;es srated in .. lhe affidavit fired in support of the petition, the Hig!-r court may be preased to pqss interim direqtion directinq the 4th Respoqdent tg derete the namg of the 6th llYL"ll from l,F.e..neyenqs Reeord te 9! exrent _of tan( Ac 4.31 sts and tq flutate the !!Ine ot the Petitioner le an qx1en1 of ta4d 4s.4.31 gtq situatqd at ThirmalqiriVillpge q6d Mandat, Suryapet Distriet, nlnoing the Wp ,.-,i" ,.o*o jqstice. "i Qgunss;for $e Petttioner; SBt SHAFATH AHMED KHAN pqunsef foJ ![rg Re.gpoldent Nos.{ !g 4: Gp FoR BEVENUE .i Founsql for $e Re,ppondent [!o.g;... The Coqrt $ade the foflowing: ORpER ' I l HON'BLE SRI JUSTICE C.V. BHASKAR REDDY PETITTONNo.4460of2 5 ORDER: This writ petition is frled seeking to declare the action of respondent No.4 in deleting the name of the petitioner from the revenue records in respect of the land to an extent of Ac.4.31 gts., and adding and mutating the name of respondent No.S in respect of the land to an extent of Ac.4.3l gts., without notice and without following due process of law, as illegal, arbitrary and for other appropriate reliefs. 2. Considered the submissions of learned counsel for respective parties and perused the record.
3. It is stated that the petitioner is the pattadar and possessor of agricultural land to an extent of Ac.6.16 gts., in Sy.No.242, Ac.7.O3 gts., in Sy.No.243, Ac.8.21 gts., in Sy.No.214, Ac. 1.34 gts., in Siy.No.227, Ac.0. 1O gts., in Sy.No.562,lRU, total to an extent of Ac.24.O4 gts., situated at Thirumalagiri Village arld Mandal, Suryapet District artd the revenue authorities havs i5sus4 pattadar passbooks and title deeds in respect of the subject propert5z. It is further stated --'--r.- hiu-s-*..+-' 2 that the petitioner has also received various incer: tives as investment subsidies sanctioned by the State Gov,:rnment and cultivating the said agricultural lands. It is furthc:r stated that out of total extent of Ac.24.04 gts., of land, the petitioner had alienatecl Ac. 17.09 gts., of land to respondent No.5 and the remaining land to an extent of Ac.6.35 gts., ir; in his possession. The case of the petitioner is tha t while incorporating the revenue records in Dharali web.';ite, the respondents, without conducting any enquiry, have deleted the land to an extent of Ac.4.31 gts., out of Ac.6.35 5r,ts., and only recordecl the lald to an extent of Ac.2.O4 gts., in his favour. The tirrther case of the petitioner is that the srid land to an exten t of Ac.4.31 gts., has been recorded in the l<hata of respondent. No.5.
4. Learned counsel for the petitioner has veh emently contended that issuance of e-pattadar passbooks is only a consequential. act of updating the revenue records and the respondents are not having any po\Mer or authority urrder the provisions of the Telangana Rights in Land and I'attadar Passbooks Act,2O2O (for short, "the Act, 2O2O"l to delete the extents mentioned in the earlier passbooks issued urrder the , ': ,.,. Irt;:i,. I:-"- - 3 provisions of the Telangana Rights in Larrd and Pattadar Passbooks Act, l97l (for short, "the Act, 1971") without conducting any enquiry. Learned counsel further stated that soon after noticing the deletion of the extents of lands while issuing e-pattadar passbooks to the petitioner and adding to the khata of respondent No.5, the petitioner has got issued a legal notice to respondent Nos.2 to 4 requesting to delete the name of respondent No.S and to add his name in the revenue records in respect of the missing extent of land.
5. l,earned Assistant Government Pleader for Revenue appearing for the respondents, on instructions, would submit that except issuing legal notice, the petitioner has not made any online application in the Dharani portal prescribed under the provisions of the Act, 2O2O for deleting the name of respondent No.5 in respect of land to an extent of Ac.4.3l gts., and adding to the khata of the petitioner, duly enclosing all the documents relating to the earlier passbooks and the extent mentioned in the new pattadar passbooks issued under the \ Act, 2O2Q. I-eatned Assistant Government Pleader further submitted that if the petitioner submits an online application as per the circular instructions uide CCLA's Circular No.l/2024, 4 dated. 28.02 2024 issued by the Chief Commissioner of Land Administration, the respondents would consider the s;rme and pass appropriate orders in accordance with Iaw.
6. In vierv of the said submissions, this Court d,.:ems it appropriate to dispose of this writ petition permittrng the petitioner to make a fresh online application in the I )harani portal as per the circular instructions uide CCLA's ( )ircular No.1 12024, dated 28.O2.2024 issued by the Chief Commissionr:r' of Land seeking to delete the nzrme of respondent No.5 in respect of land to an extent of Ac.4.i)1 gts., and adding to the khata of the petitioner duly enclosinS all the relevant documents. If it is found that the petitioner satisfies all the requirements for deleting the name of responde-rt No.5 in respect of land to an extent of Ac.4.31 gts., and ad,Jing to the khata of' the petitioner, the respondents are dire,:ted to consider the said application. If it is found that the pe -itioner is not entitled for the same, the respondents shall pass a reasoned order in accordance with law and communicrrte the same to the petitioner, within a period of three (3) montlrs frol , the date of filing such application. r a 5
7. With the above observations, this Writ petition disposed of. There shall be no order as to costs. 1S As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.P. PADMANABHA REDDY EPUTY RE //TRUE COPY// To, ngana, District 1 . The Principal Secreta ry Revenue Department Secretariat Tela Hyderabad The Collector , Suryapet District 2I t-re Reyen UE Divisio nal Qfficer, Suryapet, District T T he Tahsildar, Thi rryrplgiri lvlandal One g G to Sri Sh afath Ahmed Kh 9sto GP foi Reveinue Two C Hyd $trict te [OPU for the State 4 F 6 erdbad tQurl 7 Two CDCo plgs Suryapet Di an, Advoca rg h Co.urt H cI of Telangana, at SECTION OFFICER The State of TJ BSw riE sr.qi e 7 l i,n 202 n HIGH COURT DATED:1410212025 ,.,4.. .,. ORDER WP.No.4460 of 2025 '. ,.) t-, t:)i'r t 't'-- DISPOSING THE WRIT PETITION WITHOUT COSTS t {